An appellate judge on Wednesday stayed a lower court’s order barring Gov. Gavin Newsom from issuing directives that might conflict with state law, freeing him to take additional executive actions during the coronavirus pandemic.
Sutter County Superior Court Judge Perry Parker on Friday temporarily blocked Newsom’s executive order requiring in-person balloting stations even as every registered voter is mailed a ballot for the November election. The judge also sided with two Republican lawmakers by more broadly requiring Newsom to refrain from new orders that might be interpreted as infringing on the Legislature’s responsibilities.
The lawmakers argued that Newsom, a Democrat, has overstepped his authority with dozens of orders preempting state law since the pandemic began. Other state and federal judges have repeatedly blocked previous challenges to the governor’s emergency orders during the pandemic.
Presiding Justice Vance Raye of the Third District Court of Appeal, in a two-sentence directive, stayed the lower court’s action and barred Perry from issuing any further orders, but he allowed court proceedings to continue. Perry has set a June 26 hearing in the case.